Section Newsletters

Articles From 2000

Mediation styles By Suzanne Schmitz Alternative Dispute Resolution, March 2000 Lawyer-mediators in Virginia are now required to consult with disputants about the style of mediation the mediator uses and to record in a written agreement the parties' choices, including whether they wish to have the mediator use evaluative techniques.1
Medicaid planning for ill spouse By Steven C. Perlis Elder Law, March 2000 Often the practitioner is faced with a situation where an ill spouse has already been approved for Medicaid and the well spouse wants to know if any more estate planning is needed.
Meeting of the section council on February 18, 2000 Administrative Law, August 2000 Former section council member Stephen Rotello, an Assistant Illinois Attorney General, discussed with the council the results of an AG survey addressing compliance with the Freedom of Information Act.
Member wins the 2000 Lincoln Award Legal Writing Contest Intellectual Property, March 2000 IP Council member Aaron Brooks of Holmstrom & Kennedy in Rockford, won the 2000 Lincoln Award Legal writing Contest with "The Cautious Interplay Between Trademarks and Internet Domain Names." 88 Illinois Bar Journal 74 (February 2000).
Merchandising claimants entitled to 85% of claim upon liquidation of elevator assets By James D. Cottrell Agricultural Law, August 2000 In Adams Farm, et al. v. Doyle, et al., Docket No. 4-97-1096 (decided March 28, 2000), the Fourth District recently interpreted the Grain Code and held that merchandising claimants were entitled to 85% of their claim in a grain elevator asset liquidation.
Merger integration: the ultimate change-management challenge By Timothy Galpin & Mark Herndon Corporate Law Departments, June 2000 After a long string of twelve- to fifteen-hour days, at the depths of a merger integration process, the executive leading the project confided in us: "This is quite possibly the most complex 'simple' process I've ever seen."
A message from Michael Jordan Bench and Bar, February 2000 I have been associated with the Bench and Bar Section Council and its predecessor, the Judicial Administration Section Council, since 1975 as a newsletter co-editor.
A message from the chair By Timijanel Boyd Odom Child Law, June 2000 Following in the footsteps of my predecessor, Attorney Richard Larson, I would like to take executive privilege about a particular Juvenile Law Issue that has moved me to comment so publicly.
Minor guardianship practice By M. Lee Witte Family Law, May 2000 It used to be simple. Parents battled for custody of their children in the Domestic Relations Division.
Miscommunication or the art of not telling clients what they need to know By Matt Maloney General Practice, Solo, and Small Firm, April 2000 Lawyers think that they are great communicators. This belief stems from the fact that they communicate with other lawyers and good communication gets things done. In the quest for being concise, exacting, terse or being just plain, we often forget that our audience is more people and less lawyers. Paying attention to these topic areas and thoughts may help all of us. Clients are not lawyers.
A model for lawyer-mediator rules of conduct: Virginia Rules of Court Alternative Dispute Resolution, March 2000 Review Court orders that may amend this Rule
More Illinois’ criminal justice system developments By Patrick J. Hughes, Jr. Human and Civil Rights, June 2000 The Task Force reported upon in the February issue of this newsletter and staffed by this Association's Director of Legislative Affairs, James Covington, has issued its findings and recommendations.
More Illinois death penalty developments By Patrick J. Hughes, Jr. Human and Civil Rights, April 2000 The February issue of this newsletter reported on recent developments in our State's criminal justice system including two significant death penalty case events: (1) As of January 1, 2000, the creation of the Illinois Capitol Litigation Trust Fund to finance the prosecution and defense of capital trials; and (2) the appointment by the Illinois Supreme Court of a Special Committee on Capital Cases composed of seventeen Illinois judges to study the Illinois death penalty process and that Committee's report and recommendations which are summarized in the February article.
“Mortgagee in possession”—watch your language By Thomas F. Hartzell General Practice, Solo, and Small Firm, December 2000 Prepared forms do not always have necessary language. A recent case in our circuit concerning a mortgagee asking the court to be placed in possession during foreclosure proceedings reminds all of us of the need to read documents very carefully.
Motions for continuance: grounds and factors By Lawrence W. Terrell Traffic Laws and Courts, March 2000 A continuance is defined as an adjournment by order of court of a cause from one day to another or from one hour to another.
Multidisciplinary practices—Just say no to “one-stop shopping” By John K. Norris State and Local Taxation, January 2000 Until recently at the American Bar Association annual meeting held in Atlanta in August 1999, the ABA gleefully bounded towards fostering Multidisciplinary Practices, or MDP's as they are commonly referred to in jargon.
Munchausen Syndrome by Proxy: legal concerns surrounding surveillance and prosecution in Illinois By Amy Gutierrez Child Law, April 2000 "Munchausen Syndrome by Proxy . . . is a form of child abuse in which a parent, most often a mother, fabricates or induces illness in a child in order to gain medical attention."
National Employment Dispute Resolution Act of 2000 Alternative Dispute Resolution, December 2000 To amend title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Vocational Rehabilitation Act of 1973, and the Civil Rights Act of 1991, to require the Equal Employment Opportunity Commission to mediate employee claims arising under such Acts, and for other purposes.
Natural drainage: rights and responsibilities By Jeffrey A. Mollet Agricultural Law, November 2000 In the November 1999 issues of Agricultural Law, James Cottrell provided readers with an excellent analysis of mutual drainage issues involving man-made drains
Need financing? Let’s go to Europe! (The EASDAQ alternative) By Gerald L. Fishman International and Immigration Law, February 2000 Many smaller corporate clients wishing to raise capital shy away from public offerings of securities.
The need of homebuyers and sellers for independent counsel By Stanley B. Balbach Real Estate Law, August 2000 The profession has a duty to inform the members of the public as to when they have a problem deserving of the services of a lawyer.
The need of homebuyers and sellers for independent counsel By Stanley B. Balbach Elder Law, June 2000 The profession has a duty to inform the members of the public as to when they have a problem deserving of the services of a lawyer.
New assisted living law to be implemented in 2001 By Lee Beneze Elder Law, June 2000 The Assisted Living and Shared Housing Act (Public Act 91-0656) was passed by the General Assembly in the 1999 spring session.
The new Canadian investor regulations International and Immigration Law, February 2000 New regulations governing the Immigrant Investor Program came into effect on April 1, 1999.
The new Chicago system: Quick or slow, the results are usually the same at administrative hearing By Julie-April Montgomery State and Local Taxation, March 2000 You've just come back to your parked car to find a ticket for failure to display a Chicago vehicle sticker. Your choices--pay or protest.
New hearsay rule By Michelle Madden Dempsey Criminal Justice, September 2000 Recently passed Senate Bill 1332 seeks (in part) to enact a new hearsay exception in Illinois by amending the Illinois Code of Criminal Procedure to create 725 ILCS 5/115-10.5 ("10.5").
The new Home Repair and Remodeling Act—itself in need of repair! By Donald L. Shriver Real Estate Law, August 2000 On January 1, 2000 the new Home Repair and Remodeling Act became effective as P.A. 91-230; it may be cited as 815 ILCS 513/1, et seq.
New IP fees Intellectual Property, March 2000 Some United States patent, trademark, and copyright fees have recently changed.
New law affects patents, copyrights and the Internet By John M. Augustyn Intellectual Property, March 2000 On November 29, 1999, President Clinton signed a bill (H.R. 3194, Pub. L. No. 106-113) containing changes affecting patents, copyrights and the Internet.
New law regarding modification of visitation rights By Daniel R. Stefani Family Law, January 2000 On August 19, 1999, Illinois Governor George Ryan signed into law Public Act 91-0610.